CourtMesh

Section 13: Right of tenants to fixity of tenure

The Kerala Land Reforms Act, 1963 (No.1 of 1964)State Act of Kerala · Act 1 of 1964

( l) Notwithstanding any­ thing to the contrary contained in any law, custom, usage or contract, or in any decree or order of court, every tenant shall have fixity of tenure m respect of his holdiz:g, and no land from the holding shall be resumed except as provided in sections 14 to 22.

_. 1 (2) Nothing in sub-section .. (l) shall confer fixity of tenure on a tenant holding under a landlord-

(z) who is a member of the Armed Forces or is a seaz:nan, if the tenancy was created by such landlord within a period of three months before he became a member of the Armed Forces or a S!!aman, or wh1le he wis serving as such member or seaman ; or

(ii) who is the legal representative of the landlord referred to in clause (z) : '

Provided that no such landlord shall resume any land from his tenant, if he is already in possession of an extent of land not less than the ceiling area; and, where he is m possession of an extent of land less than the ceilmg area, the extent of land that may be resumed shall not, together with the land in his possession, exceed the ceiling area:

Provided further that such tenant shall be deemed to have fixity of tenure in respect of his holding if- · l I ~ 23

(a) the landlord referred to in clause (i) has not claimed re­ sumption of the land comprised in the holding within one year from the date on which he ceased to be a member of the Armed Forces or a seaman, or within one year from the commencement of this Act, or within one year from the expiry of the period of tenancy, whichever period expires last ;

(b) the landlord referred to in clause (ii) ha~ not claimed resumption of the land compnsed in the holding Within one year from the date on which he received intimation of the death of the member of the Armed Forces or seaman, or within one year from the com­ mencement of this Act, or within one year from the expiry of the period of tenancy, whichever period expires last :

Provided also that the provisions of this sub-section shall not apply to tenants who were entitled to fixity of tenure immediately before the 21st January, 1961, under any law then in force.

14. Resumptton for extension of places of public religious worshzp.­ A trustee or owner of a place of pubhc religious worship may resume from a tenant the whole or any portiOn of h1s holding when the same is needed for the purpose of extendmg the place of public religious worship and the Collector of the district certifies that the same is so needed.

Where this provision sits

ActThe Kerala Land Reforms Act, 1963 (No.1 of 1964)
Section13
Marginal noteRight of tenants to fixity of tenure
JurisdictionState of Kerala
StatusIn force as published by the source

Find the provision, not just read it

The full text above is free, and it stays free. What a free CourtMesh account adds is everything you cannot do by reading one page at a time:

  • Search 49,000+ Central and State enactments by what a provision says, not by its number
  • Jump from any section to every judgment that has applied it
  • Search 300 million+ Indian court records alongside the statute
  • Ask a research agent to find and read the case law on a provision for you

Free account. No card. About a minute to create.

Create a free account

Need this as data, not as a page? The Kerala Land Reforms Act, 1963 (No.1 of 1964) is one of 49,000+ enactments on CourtMesh. The Indian court cases API serves the case law that cites these provisions over JSON, with API documentation and plans and pricing. See also the judgment library.